With an ever-changing market, it’s time for employers to embrace changes in the status quo and actively recruit employees for part- time, fixed term, and casual roles. The options There are opportunities for an employer to promote flexibility for employees who are looking to return to the workforce or move away from the 9 to 5. An employer can consider recruiting for part-time, fixed term, and casual roles.

These positions allow employers to access a larger demographic of potential employees, who for various reasons may not be able to commit to full-time traditional hours of work.

Your responsibilities

There are standards to uphold when you offer an employment contract to a new employee.

Some of the terms vary dependent on the position, specifically the entitlement to annual leave, sick leave and bereavement leave. At minimum, you must provide a written employment agreement including:

• The names of the employer and employee.
• A description of the work to be performed, an indication of the place of work, and an indication of the hours of work.
• The wage or salary rate, and how it will be paid. Employees over 16 must be paid minimum wage.
• An explanation of how to resolve employment relationship problems.
• An explanation of public holidays, annual leave, sick leave, and bereavement leave.
• An explanation of family violence protections, and parental leave.
• A statement regarding rest and meal breaks (dependant on hours worked).
• Any other matters that are agreed on (including a potential trial period).

Part-time

A part-time role is generally less than 30 hours per week. This is ideal for employers who have roles available that do not necessarily require 40 hours a week.

In the age of a thriving social media presence, hospitality and retail businesses are actively promoting sales and events on apps such as Instagram or TikTok. To do this effectively, many businesses hire a ‘social media manager’ in a part time role. Another example are hospitality businesses who only need extra staff for busy nights of the week. Part-time roles are an economical way to manage gaps in staffing and reduce the risk of turnover in employees.

There are struggles in hiring part-time workers, but these can be managed by effective leadership and communication. It may be difficult to build a team culture and strong relationships, and other workers may struggle to understand the reasoning and benefits of variable roles. Regular work social events, ensuring everyone knows each other’s roles and responsibilities, and that they are a valued part of the team may be a way to counteract this.

Fixed-term

Fixed-term employment is encouraged in situations where there is a specified end date. Examples include cover of parental leave, a new project, or seasonal work. This must be a genuine fixed-term position, not a pretence for a probationary period. These terms must be written in the employment agreement. Benefits of this position allow you to employ workers for a fixed amount
of time and bring them onboard for a specific job. For example, the horticulture sector in Hawke’s Bay is substantial, so fixed term employment for seasonal work is ideal.

Economically this is beneficial, however it can be a challenge to build a tight-knit team culture when your employees have a fixed end date with the company, so it is important to keep this in mind.

Casual

Casual workers have no expectation of work, no regular pattern, and no guaranteed hours. This is ideal for employers who are looking to manage unexpected or unplanned surges in work (an example being a Christmas holiday period). As soon as a casual worker enters a regular pattern of work with regular hours, their position will become permanent, and your obligations regarding annual leave, sick leave, and bereavement leave will change. Casual workers will typically not have the same loyalty to your business, and this may be a stepping stone for some employees whilst they look for their next role. This is not a cost-effective option if you spend significant time and effort onboarding them.

The answer

To ensure your business is running at its most efficient, an employer must recognise the benefits of flexible employment arrangements and how they can best be incorporated. Ensure you are mindful of your responsibilities and be proactive when onboarding new employees.

About Christine Symes

Christine is the Managing Director of Bramwell Bate. Born and raised on a farm in Southland, Christine graduated from the University of Otago in 2000 with a Bachelor of Laws and a Bachelor of Commerce. After working in law firms in Napier and Dannevirke, Christine joined Bramwell Bate in 2020. Her areas of expertise include conveyancing and property law, company and commercial law, Trusts, estates and succession planning. Outside of work, Christine enjoys the Hawke’s Bay lifestyle with her husband and three sons.

Article by Edward Bostock, Director and Kelly Henderson, Legal Executive 

One of the most significant impacts of Cyclone Gabrielle has been the damage and destruction to commercial and residential properties in Hawke’s Bay. Building officers are completing rapid building assessments on properties effected by the Cyclone.

To date, there are 100 red stickered properties (meaning the property has been seriously damaged) and 712 yellow stickered properties (meaning the property has been damaged and may need to be temporarily vacated) in the Hastings District. Understanding what rights landlords and tenants have if their property is affected is important. Commercial Leases What does “untenantable” mean?

The term “untenantable” is generally accepted to mean that a leased property has become so badly damaged or destroyed it can no longer be occupied or used by a tenant for the purpose intended in the lease. To determine whether a property is ”untenantable” the following points should be considered:

■ How permanent the damage is;

■ How long any repairs will take;

■ Whether the damage or destruction prevents the tenant from their right to use, enjoy and operate the property; and

■ What proportion of the term of the lease the property will be unusable for.

What does the Deed of Lease say? Landlords and tenants should look to the Deed of Lease as a guide for how  to proceed when a property has been destroyed or damaged by an event such as Cyclone Gabrielle. Leases will generally contain clauses differentiating between properties that have been completely destroyed and those that have been partially damaged or destroyed. The ADLS Deed of Lease is commonly used for commercial leases and (subject to specific changes) this provides as follows:

1. Total Destruction
If the property or any portion of the property is so badly damaged or destroyed so as to render the property as untenantable then the term of the lease will automatically terminate from the date of destruction or damage. The tenancy may also be terminated if the landlord, acting reasonably, decides that the property is so badly damaged it requires demolition or reconstruction.

2. Partial Destruction
If the property or any portion of the property is damaged, but the property is not untenantable then the expectation is that the landlord will spend all insurance money received to reinstate the property. There are a number of points to note with this:

■ The landlord is not required to spend any amount of money greater than the insurance money received.

■ The landlord may carry out the repairs or reinstatement and use any materials and form of construction they see fit as long as the property is reasonably adequate for the tenant’s occupation and use of the property.

■ Until the repairs or reinstatement are complete, a fair proportion of the rent and outgoings shall cease to be payable from the date of destruction or damage.

■ If a necessary permit or consent (such as resource or building consents) is unable to be obtained, or the insurance money received is inadequate for the repairs or reinstatement required, then the term of the lease will automatically be terminated.

Not all commercial leases use the ADLS Deed of Lease and there are situations where there are no written lease arrangements at all. Residential Tenancies Section 59 of the Residential Tenancies Act 1986 deals with properties that have been damaged or destroyed due to a natural disaster and as with commercial tenancies, the requirements differ depending on the severity of the damage.

The property has been destroyed If your residential property has been destroyed or the damage is so severe that it can no longer be lived in, then either the tenant or the landlord can give notice to terminate the tenancy regardless of whether the tenancy is fixed term or periodic. In this case, the landlord must give seven days’ notice to a tenant, or a tenant must give two days’ notice. During this notice period the rent should be reduced accordingly. The property has been damaged If part of your residential property has been destroyed or damaged so that part can no longer be lived in, then the rent payable should be reduced accordingly. Either party can apply to the Tenancy Tribunal to terminate the tenancy.

The Tenancy Tribunal will make an order to end the tenancy if it is deemed unreasonable for the landlord to reinstate the property or for the tenant to continue with the tenancy even at a reduced rent.

We understand that this may be a stressful time for landlords and tenants alike. If your commercial or residential property has been destroyed or damaged and you are unsure what your rights are then please give our office a call – we are here to help. Contact: edward@bramwellbate.co.nz or kelly@bramwellbate.co.nz (06) 872 8210 www.bramwellbate.co.nz

Reflecting on the past year and considering what’s to come in 2023.

How do we summarise the New Zealand property market in 2022? “Contrast” comes to mind. “Against the grain” might be another appropriate phrase. It was an exceptionally intriguing year for New Zealand’s property market.

Professionals at all levels of the sale and purchase of property recognised a significant shift in what had previously been a “sellers’ market” and as we head into 2023 it leaves much room for reflection. Although unrest was to be expected, given the noise of inflation post-pandemic, the nature of last year’s property market has brought about much to consider in the new year. Late 2022 saw a decline of house prices at about 4.5% nationally, leaving many surprised by the remarkably uniform decrease of housing prices from their peak in late 2021.

House prices in Wellington decreased by a whopping 11.7% from October 2021 to October 2022. In Auckland, the decrease in house prices peaked at 4.7% in October 2022 compared to the year prior. Decisions of the Reserve Bank continued to encourage the swelling of interest rates on mortgages, meaning property supply continued to weaken, and prices dropped.

The conveyancing sector finished the year on an unsure footing affecting all Kiwis on the property ladder. Scratching heads we ask: “What might the property sector hold for 2023?” The general echo was economists’ hypothesising that prices will continue to drop until the end of 2023. Furthermore, we have been warned to expect further increases to interest rates, with some suggesting we should be prepared to see fixed interest rates as high as 9% in 2023.

The uncertainty of a tightening property market appears content on following us through 2023. But like a wheel turning, the cyclic nature of the market means a decline in property prices will, at some point, move towards stability. Whether we can expect this in 2023 is uncertain. The market is influenced by various of internal and external factors, and therefore, any relief emerging through the year must be anticipated patiently. But it’s not all bad. We have recently seen some great initiatives introduced which have opened opportunities for one particular area of the market: first home buyers.

Of note are new strategies targeted at mitigating barriers to the purchase of a first home. One example is the initiatives of Kāinga Ora. Various innovative pathways have been created to encourage both families and individuals to join the property ladder. Of particular significance, Kāinga Ora is aiming to tackle one of the greatest obstacles for first home buyers – the dreaded deposit – by lowering the market expected 20% to a far more palatable 5%.

Whether it be the First Home Grant, First Home Loan or First Home Partner Scheme, Kāinga Ora is providing greater opportunities to take advantage of a decline in house prices. Couple these initiatives of Kāinga Ora with the increasing slowdown of vendors to the market, and 2023 may be one of the stronger years for first home buyers to get their hands on those first set of keys.

The value-to-income ratio continues to climb post-pandemic, meaning that first home buyers should feel more confident in their ability to find their first home. Kāinga Ora pathways are still relatively under-utilised, with much to be learnt among professionals and potential home buyers alike. However, innovative strategies like these bring about an optimism that more Kiwis may be able to achieve their goals and become homeowners this year. We look forward to continuing to provide conveyancing support to existing and new clients throughout Hawke’s Bay during 2023, and are excited by the opportunity to help more first home buyers achieve their goals through the strange but inviting nature of our current market.

Mental Health Awareness Week runs from 26 September to 2 October 2022.

In 2021, the theme of Awareness Week was “take time to kōrero”, which encouraged connection through conversation, and promoted openness about our mental wellbeing.

For employers and employees, it’s important to understand that mental health plays a significant role in the workplace. For businesses, the mental wellbeing of their teams is a great asset. Research shows that businesses who invest in the mental health of their staff reap the benefits of increased productivity and overall business efficiency. But mental health is tricky to isolate. Almost half of all New Zealanders will be categorised as struggling with a mental illness at some stage in their lives, and what is considered as encouraging of mental wellbeing is different for everyone. Setting rigid guidelines in the workplace may not be as effective as fostering a supportive work environment overall – one which encourages employees to kōrero openly about their mental health. Encouraging mental wellbeing is not just a sentiment – it is the law.

The focus on mental wellbeing continues to improve in New Zealand’s legislation, with a variety of statutes designed to facilitate the improvement of mental wellbeing in the workplace.

Some examples include:

■ The New Zealand Bill of Rights Act 1990;

■ The Privacy Act 1993; and

■ The Employment Relations Act 2000.

A significant example of fostering mental health in employment law includes the Human Rights Act 1993, which creates an obligation for employers to meet the needs of employees who struggle with disability. These are called “workplace accommodations” and can be useful for employees who may have ideas about how businesses can better accommodate mental wellbeing. Another example is the duty of care which obligates employers to protect, as far as reasonably practicable, the health and safety of their workers under the Health and Safety at Work Act 2015. “Health” in this context is defined as both physical and mental health. Finally, under the ordinary legal rules of sick leave, employees are entitled to use their annual sick leave for mental wellbeing purposes.

The regime for mental health sick leave operates exactly as it would for any other kind of sick leave from the workplace. For example, should an employee opt to take three consecutive days of sick leave for mental health, the employer is entitled to request a doctor’s certificate in support.

So how can a business go about using mental wellbeing as a valuable tool for their company? The Mental Health Foundation provides great resources for businesses wanting to promote mental wellbeing in the workplace. The most consistent theme is that employers and employees are in communication with one another. “Connect”, “give” and “take notice” are among some of the core themes encouraged by the Foundation.

Another key theme in research around workplace mental prosperity is flexibility. For example, the Employment Relations Act 2000 includes the right to request flexible working arrangements, which may be useful when assisting an employee to shape their workday in a way that encourages their mental health. There is also great information available for workplace mental health standards at employment.govt.nz.

Employers are best to keep in mind that sometimes it is the smallest gestures that make a big difference for the team. It might just be where a team member’s desk is located or the fact they lack clarity on part of their role, maybe they want to start a little earlier in the day so they can get off earlier in the afternoon to pick up the kids. Be creative and be ready to talk.

Bramwell Bate looks forward to celebrating mental wellbeing not just in September but throughout the year. Collectively, we recognise the value of mental wellbeing as an asset of our firm, and we encourage our clients and our colleagues to consider how you may be able to promote mental wellbeing in your lives and businesses. Our employment team – Christine Symes and Tayla Westman – are happy to help and provide advice on flexible working agreements, ensuring your sick leave and family violence leave policies are up to date and fit for purpose, and that you have policies in place for data protection and privacy when team members are working remotely.